ORD 271 ORDINANCE NO. 271
1/ AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES RELATING TO GRAFFITI PREVENTION AND
REMOVAL AND AMENDING THE RANCHO PALOS VERDES
MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY ORDAINS AS FOLLOWS:
Section 1. Title 9 of the Rancho Palos Verdes Municipal
Code is hereby amended by adding new Chapter 9.28 thereto to read
as follows:
CHAPTER 9.28
GRAFFITI PREVENTION AND REMOVAL
9.28. 010 Purpose
9.28. 020 Definitions
9.28. 030 Graffiti Constitutes a Nuisance
9.28. 040 Permitting Graffiti to Remain Prohibited
9.28.050 Penalties
9.28.060 Removal from Public Property
9.28. 070 Notice to Owners or Possessors of Private
Property
9.28.080 Initiation of Abatement Proceedings
9.28. 090 Hearing Prior to Abatement, Notice of
Hearing
9.28. 100 Posting and Serving Notice of Hearing
9.28. 110 Conduct of Hearing
9.28. 120 Order of Abatement
9.28 . 130 Abatement
9.28. 140 Assessment of Cost
9.28. 150 Sale of Paint in Aerosol Cans - When
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Prohibited
9.28. 160 Prohibition of Possession of an Aerosol
Paint Can in a Public Facility
9.28. 170 Restriction of Pressurized Containers and
Indelible Markers
9.28. 180 Reward
9.28. 190 Parental Responsibility
9.28.200 Remedies Cumulative
9. 28.210 Severability
9.28. 010 Purpose. The purpose of this chapter is to
establish a program for removal of graffiti from walls and
structures on both public and private property and to establish
regulations designed to prevent the further spread of graffiti in
the City.
9.28.020 Definitions. For the purposes of this Chapter:
(a) "City Manager" shall mean the City Manager of
the City of Rancho Palos Verdes or his or her designee.
(b) "Graffiti" shall mean any writing, printing,
symbol, figure, design or other inscribed material written,
sprayed, painted, scratched, etched, engraved, or otherwise applied
to any exterior surface of a building, wall, fence, tree, sidewalk,
curb or other structure without the prior consent of the owner or
person in possession thereof.
(c) "Indelible marker" means any marker, pen, or
similar implement which contains a fluid which is not soluble in
water and has a flat, pointed or angled writing surface of a width
of one-quarter inch or more at its diameter.
(d) "Pressurized container" shall mean any can,
bottle, spray device or other mechanism designed to propel liquid
which contains ink, paint, dye, or other similar substance which is
expelled under pressure, either through use of aerosol devices,
pumps, or similar propulsion device.
9.28.030 Graffiti constitutes a nuisance. Pursuant to
California Government Code Section 38771 the City Council hereby
declares that the maintenance of graffiti visible from public
property or from a public street, alley or right of way constitutes
a nuisance, the abatement of which shall be provided as set forth
herein.
9.28. 040 Permitting Graffiti to remain prohibited. No
person shall permit any graffiti which is within public view to
remain on any building, structure, tree, shrub, sidewalk or curb
owned or possessed by such person.
9.28. 050 Penalties. Violation of this Chapter shall
constitute a misdemeanor punishable by a fine of not more than
$1, 000, or by imprisonment in the County jail for a period not
exceeding six months, or by both such fine and imprisonment.
9.28. 060 Removal from Public Property. The City Manager
is hereby authorized to have graffiti removed from any property or
structure owned by the City of Rancho Palos Verdes, and pursuant to
California Government Code Section 53069. 3 i s authorized to remove
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graffiti from any other publicly owned structure after securing the
consent of the public entity having jurisdiction over the
I/ structure.
9.28. 070 Notice to Owners or Possessors of Private Prop-
erty. Whenever the City Manager determines that graffiti is being
maintained upon any premises within the City in violation of
Section 9.28. 040 of this Chapter, the City Manager shall send
written notice to the owner or possessor of the premises of such
condition and shall require that the graffiti be removed. The
notice and order shall be sent to the owner as shown on the most
recent equalized assessment roll and a copy shall be posted on the
subject property. The notice shall state that the owner must
remove the graffiti within fifteen (15) days from the date the
notice was mailed.
9.28.080 Initiation of Abatement Proceedings. The City
Manager may initiate proceedings to abate any graffiti maintained
contrary to the provisions of this Chapter only after the following
has occurred:
(a) The City Manager has determined that graffiti
within public view exists on particular premises in the City;
(b) A notice of such condition has been sent to the
property owner pursuant to Section 9.28.070; and
(c) The property owner has failed to either remove
the graffiti or consent to its removal by the City within the time
period specified in the notice.
9.28. 090 Hearing prior to abatement, notice of hearing.
Prior to the City abating graffiti on private property without the
consent of the owner, a hearing before the City Manager shall be
held at which time the property owner shall be given an opportunity
to be heard regarding the proposed abatement. A notice of the time
and place of the hearing before the City Manager shall be sent to
the property owner not less than ten (10) days prior to the
hearing.
9.28. 100 Posting and serving notice of hearing.
(a) The City Manager shall cause to be served upon
the owner as shown on the latest equalized tax assessment roll of
the affected premises a copy of said notice and shall cause a copy
thereof to be conspicuously posted on the affected premises.
(b) Said notice shall be posted and served, as
aforesaid, at least ten (10) days before the time fixed for such
hearing; proof of posting and service of such notice shall be made
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by declaration under penalty of perjury filed with the City
Manager.
(c) The failure of any person to receive the notice
shall not affect the validity of any proceedings under this
chapter.
9.28. 110 Conduct of Hearing. The hearing to determine
whether a nuisance exists shall be conducted by the City Manager or
the City Manager's authorized representative. At the hearing, the
City Manager shall consider all relevant evidence, including but
not limited to applicable staff reports. Any interested person
shall be given a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the City Manager
shall determine whether a nuisance within the meaning of this
Chapter exists.
9.28. 120 Order of abatement. The City Manager (within
ten (10) working days of the hearing) shall give written notice of
the decision to the owner and to any other person requesting the
same. The notice shall contain an order of abatement, if a
nuisance is determined to exist, directed to the owner of the
affected property or the person in the control and/ or charge of
the property, and shall set forth the nature of the graffiti, its
location on the premises and the time and manner for its abatement.
The City Manager may impose such conditions as are reasonably
necessary to abate the graffiti. The decision of the City Manager
may be appealed to the City Council by the filing of a written
request for appeal with the City Clerk within ten (10) days after
the City Manager's notice of the decision to the owner.
9.28. 130 Abatement. If the nuisance is not abated
within the time set by the order of abatement, the City Manager is
authorized to cause the entry upon the premises and to abate the
graffiti nuisance with City equipment and City personnel. The City
Manager shall then prepare a statement of the fact of such
abatement and of the expense incurred in abatement and shall file
the statement with the City Clerk. Such statement shall identify
the premises and state the cost of the action taken. If the
premises include more than one lot, each separate lot, or all of
the lots may be set forth in the same statement.
9.28. 140 Assessment of Cost. Upon completion of the
work required to abate the graffiti, the cost to the City to
perform such work shall be assessed against the property owner
pursuant to the procedures set forth in Section 8.24. 120 through
8.24. 160 of this Code.
9.28. 150 Sale of Paint in Aerosol Cans - When
Prohibited. No person shall sell, give or in any way furnish an
aerosol container of paint, including containers of six (6) ounces
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or less, to another person who is under the age of eighteen years.
This subdivision shall not apply to the furnishing of six (6)
I/ ounces or less of an aerosol container of paint to a minor for the
minor's use or possession under the supervision of a minor's
parent, guardian, instructor or employer.
9.28. 160 Prohibition of Possession of an Aerosol Paint
Can in a Public Facility,. The City Manager is hereby authorized to
post a notice at appropriate locations indicating that pursuant to
California Penal Code Section 594. 1 no person shall carry any
aerosol can of paint into or upon any City-owned building, grounds,
park or other City facility without the permission of an authorized
City officer.
9.28. 170 Restriction of Pressurized Containers and
Indelible Markers. All persons offering for sale pressurized
containers as defined in Section 9.28.020 shall restrict access to
those items from the public by placing them behind a locked
counter, cabinet, or other storage facility so that access to them
cannot be gained without their being unlocked by an authorized
employee, agent, or other authorized representative of said person.
All persons offering for sale indelible markers as defined in
Section 9.28. 020 shall keep such markers in a location where they
can be in constant view of the employee, agent, or other authorized
representative of the person selling the markers.
9.28. 180 Reward. The City may pay to any person who
provides information which leads to the arrest and conviction of
any person who applies any drawing, inscription, figure, or mark of
the type commonly known and referred to as "graffiti" to any wall,
rock, bridge, building, fence, gate, structure, tree, or other real
or personal property, a reward as established by Council
resolution.
9.28. 190 Parental Responsibility. Pursuant to Section
1714. 1 (b) of the California Civil Code, every parent or legal
guardian having custody or control of a minor who defaces property
by inscribing graffiti thereon shall be jointly and severally
liable with such minor for any resulting damages incurred by the
property owner in an amount not to exceed Ten Thousand Dollars
($10, 000) for each such act of defacement.
9.28.200 Remedies Cumulative. The remedies provided in
this Chapter are in addition to other remedies and penalties avail-
able under the Rancho Palos Verdes Municipal Code and the laws of
the State of California.
9.28.210 Severability. If any provision, clause,
sentence, or paragraph of this chapter, or application thereof to
any person or circumstances is held invalid, such invalidity shall
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not affect other provisions or applications of the chapter which
can be given effect without the invalid provisions or applications
and, therefore, the provisions of this chapter are declared to be
severable.
Section 2 . The City Clerk shall certify to the
passage of this Ordinance and shall cause this Ordinance to be
published or posted as required by law.
PASSED, APPROVED and ADOPTED this 15TH day of October,
1991.
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lj& AAL
4MAY0 411
ATTEST: Ag,
l
CITY CLERK
S TE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF RANCHO PALOS VERDES )
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes
do hereby certify that the whole number of members of the City
Council of said City is five; that the foregoing Ordinance No. 271,
passed first reading on October 1, 1991, was duly and regularly
adopted by the City Council of said City at a regular meeting
thereof held on October 15, 1991 and that the same was passed and
adopted by the following roll call vote:
AYES: BACHARACH, HUGHES, McTAGGART, AND MAYOR HINCHLIFFE
NOES: NONE
ABSENT: RYAN
ABSTAIN NONE
CITY C RK, CITY OF RANCHO PALOS VERDES
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NOTICE OF HEARING TO DETERMINE EXISTENCE OF PUBLIC
NUISANCE AND TO ABATE IN WHOLE OR IN PART
NOTICE IS HEREBY GIVEN that on the day of ,
19 at the hour of .M. , of said day, the City Manager or a
designated representative of the City Manager will hold a public
hearing in the Conference Room of City Hall, located at
30940 Hawthorne Boulevard, Rancho Palos Verdes, California, to
ascertain whether certain premises situated in the City of Rancho
Palos Verdes, State of California, designated as
in said City, and more particularly
described as . has graffiti on it visible from
a public street or alley constituting a public nuisance subject to
abatement. If said premises, in whole or in part, are found to
have graffiti constituting a public nuisance as defined by the
Rancho Palos Verdes Municipal Code and if the same are not properly
abated by the owner, such nuisances may be abated by municipal
authorities, and the cost of abatement will be assessed upon such
premises and such costs will constitute a lien upon such land until
paid.
Said alleged violations consist of the following:
Said methods of abatement available are:
All persons having any objections to, or interest in said
matters are hereby notified to attend a Hearing before the City
Manager of the City Manager's designee to be held on the day
of , 19 , at the hour of .M. , when their
testimony and evidence will be heard and given due consideration.
DATED: This day of , 19
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ORD. NO. 271
ORD. NO 271
RANCHO PALOS VERDES
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and
says:
That at all times herein mentioned, she was and now is
the appointed City Clerk of the City of Rancho Palos Verdes;
That on 10/22/91 she caused to be
posted the following document entitled:
RELATING T JJGRAFF I T I PREVENTION AND REMOVAL AND AMENDING THE
RANCHO PALOS VERDES MUNICIPAL CODE.
a copy of which is attached hereto, in the following
locations:
City Hall Los Angeles County Fire Station
30940 Hawthorne Blvd. Miraleste Station
Rancho Palos Verdes 4000 Miraleste Plaza
Rancho Palos Verdes
U. S. Post Office
28649 S. Western Ave. Ladera Linda Community Center
Rancho Palos Verdes 32201 Forrestal Drive
Rancho Palos Verdes
Hesse Park
29301 Hawthorne Blvd. Rancho Palos Verdes Park
Rancho Palos Verdes 30359 Hawthorne Blvd. ,
Rancho Palos Verdes
I certify under penalty of perjury that the foregoing is a
true and correct affidavit of posting.
CITY CLERK
30940 HAWTHORNE BOULEVARD / RANCHO PALOS VERDES, CA 90274-5391 / (213) 377-0360